New Mexico Enacts Employment Protections Regarding Medical Marijuana
Tags : Drug Testing
Senate bill 406 was signed into legislation on April 4, 2019 by Governor Michelle Lujan and will take effect June 14, 2019.
This bill was enacted within the Lynn and Erin Compassionate Use Act (New Mexico's medical cannabis program) to address specific employment protections, such as the prohibition of adverse employment actions for conduct that is permitted under the Act.
A new provision has been included stating that, "unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, it is unlawful to take an adverse employment action against an employee or job applicant based on conduct allowed under the Lynn and Erin Compassionate Use Act."
There are exceptions to the provision. Employers would still be within their rights to take adverse action against an employee for use of, or being impaired by, medical cannabis in the workplace or during working hours. The Act's protections also do not apply to an employee that works in what has been deemed a safety-sensitive position.
In an effort to maintain compliance with new legislation, employers should review and amend existing hiring practices and protocols as necessary.
What Our Clients Are Saying
Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!
Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!
The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.
It’s such a great customer service that you provide and I’m happy to tell that to anyone.
Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.
We flew through our NCQA licensure review. We very much appreciate Certiphi's help in earning a 100% score for the files!